Judges faulted for PKS loss

Judges faulted for PKS loss

The Jakarta Post, Jakarta

The West Java High Court judges committed "unprofessional
conduct" in settling the Depok mayoral election dispute,
according to a team of Supreme Court justices assigned to review
the widely protested high court ruling.

Team member Gunanto Suryono said on Tuesday that the team had
recommended Supreme Court Chief Justice Bagir Manan impose
administrative sanctions against the judges.

"We have submitted our recommendations, but it's the sole
authority of the Chief Justice to make the final decision,"
Gunanto said.

The West Java High Court issued last month a much-debated
decision, which annulled the victory of the Prosperous Justice
Party (PKS) candidate Nur Mahmudi Ismail in the June Depok
mayoral election, and instead named Golkar Party candidate Badrul
Kamal as the winner.

The Court ruled that 27,782 votes had been incorrectly given
to Nur Mahmudi, and 62,770 votes had been taken away from Badrul
as a group of voters were banned from casting their votes.

The PKS and the Depok General Elections Commission (KPUD) have
both protested the ruling. The latter has filed for a judicial
review of the ruling with the Supreme Court.

Gunanto said the first mistake made by the West Java High
Court judges was related to "lack of discipline" as they made the
ruling on Aug. 4, which was 14 days beyond the deadline for
dispute settlements set under the regional election law.

The second mistake was related to "poor professionalism" as
the decision to grant the 62,770 votes to Badrul and reduce those
of Nur Mahmudi was based on assumptions.

"I've asked Nana Juana (the West Java High Court chief judge)
how they had come up with the decision. He said it was made
based on assumptions," Gunanto stated.

The judges assumed, for instance, that the 62,770 voters who
were unable to vote, would have indeed voted for Badrul.

Asked whether the team's recommendations would affect who
would eventually assume the post of mayor in Depok, Gunanto said
it would all depend on Bagir. "It's up to him whether he would
consider the recommendations or not."

The Judicial Commission is also currently reviewing the
performance of the West Java High Court judges. It is expected
to submit its recommendations to the Supreme Court next week.

Elsewhere, Gunanto said that although the law stipulates that
a high court ruling on an election dispute would be final, a
request for a judicial review of the ruling with the Supreme
Court was still possible.

"I support the efforts of the Depok KPUD, which filed a
judicial review," he said.